Article 9.--LICENSES, PERMITS, STAMPS AND OTHER ISSUES
32-962.Same; programs for conservation.(a) The secretary shall establish such programs, including acquisitionof land or aquatic habitat, as are deemed necessary for the conservationof nongame, threatened and endangered species. The secretary shallutilize all authority vested in the secretary by the laws of this stateto carry out the purposes of this section with the exception that thesecretary shall not utilize the power of eminent domain to carry outsuch programs unless a specific authorization and appropriation is madetherefor by the legislature.
(b) (1) In carrying out programs authorized by this section, thesecretarymay enter into agreements with federal agencies, otherstates, other state agencies, political subdivisions of this state or privatepersons for administration and management of any areaestablished under this section or utilized for conservation of nongamespecies, species in need of conservation orthreatened or endangered species.Such programs shall include, but not be limited to, the followingconservationagreements:
(A) Prelisting conservation agreement: An agreement identifying landwhere the contracting entity agrees to carry out management activities thatincrease the likelihood of species survival before a species is listed asthreatened or endangered. The intent of such agreement would be to allow thecontracting entity to carry out management activities specified in theagreement during the life of the agreement without penalties of law enforcementaction or permitting requirements if the species is listed at a later date.
(B) Safe harbor agreement: An agreement in which the contracting entityagrees to maintain or enhance suitable, but currently unoccupied, habitat for aspecies listed as in need of conservation, threatened or endangered so as toincrease utilization of the habitat by a listed species. The intent of suchagreement would be to protect the contracting entity from any restrictions onland use that might otherwise occur if a listed species immigratesinto the habitat.
(C) No take agreement: An agreement allowing the contracting entity toimplement voluntary management activities that maintain, enhance, set aside orcreate habitat for species listed as in need of conservation, threatened orendangered. The intent of such agreement would be to provide assurance thatthe management activities specified in the agreement would not lead topenalties of law enforcement action or permitting requirements if futurechanges in land use are needed.
(2) The initial term of any agreement pursuant to subsection (b)(1) shallbe five years. An agreement may be continued, with or without modification,after the five-yearterm, subject to review and determination by all parties. In the absence of amutually satisfactory determination by the parties that an agreement shouldcontinue, the agreement will terminate.
(c) The governor shall review other programs administered by the governorand utilize such programs in furtherance of the purposes of the nongame andendangered species conservation act. All state agenciesshall cooperate withthe secretary infurtherance of the conservation of nongame, threatened and endangeredspecies.
History: L. 1975, ch. 221, § 6;L. 1989, ch. 118, § 93;L. 1997, ch. 113, § 5; May 1.
Article 9.--LICENSES, PERMITS, STAMPS AND OTHER ISSUES
32-962.Same; programs for conservation.(a) The secretary shall establish such programs, including acquisitionof land or aquatic habitat, as are deemed necessary for the conservationof nongame, threatened and endangered species. The secretary shallutilize all authority vested in the secretary by the laws of this stateto carry out the purposes of this section with the exception that thesecretary shall not utilize the power of eminent domain to carry outsuch programs unless a specific authorization and appropriation is madetherefor by the legislature.
(b) (1) In carrying out programs authorized by this section, thesecretarymay enter into agreements with federal agencies, otherstates, other state agencies, political subdivisions of this state or privatepersons for administration and management of any areaestablished under this section or utilized for conservation of nongamespecies, species in need of conservation orthreatened or endangered species.Such programs shall include, but not be limited to, the followingconservationagreements:
(A) Prelisting conservation agreement: An agreement identifying landwhere the contracting entity agrees to carry out management activities thatincrease the likelihood of species survival before a species is listed asthreatened or endangered. The intent of such agreement would be to allow thecontracting entity to carry out management activities specified in theagreement during the life of the agreement without penalties of law enforcementaction or permitting requirements if the species is listed at a later date.
(B) Safe harbor agreement: An agreement in which the contracting entityagrees to maintain or enhance suitable, but currently unoccupied, habitat for aspecies listed as in need of conservation, threatened or endangered so as toincrease utilization of the habitat by a listed species. The intent of suchagreement would be to protect the contracting entity from any restrictions onland use that might otherwise occur if a listed species immigratesinto the habitat.
(C) No take agreement: An agreement allowing the contracting entity toimplement voluntary management activities that maintain, enhance, set aside orcreate habitat for species listed as in need of conservation, threatened orendangered. The intent of such agreement would be to provide assurance thatthe management activities specified in the agreement would not lead topenalties of law enforcement action or permitting requirements if futurechanges in land use are needed.
(2) The initial term of any agreement pursuant to subsection (b)(1) shallbe five years. An agreement may be continued, with or without modification,after the five-yearterm, subject to review and determination by all parties. In the absence of amutually satisfactory determination by the parties that an agreement shouldcontinue, the agreement will terminate.
(c) The governor shall review other programs administered by the governorand utilize such programs in furtherance of the purposes of the nongame andendangered species conservation act. All state agenciesshall cooperate withthe secretary infurtherance of the conservation of nongame, threatened and endangeredspecies.
History: L. 1975, ch. 221, § 6;L. 1989, ch. 118, § 93;L. 1997, ch. 113, § 5; May 1.
Article 9.--LICENSES, PERMITS, STAMPS AND OTHER ISSUES
32-962.Same; programs for conservation.(a) The secretary shall establish such programs, including acquisitionof land or aquatic habitat, as are deemed necessary for the conservationof nongame, threatened and endangered species. The secretary shallutilize all authority vested in the secretary by the laws of this stateto carry out the purposes of this section with the exception that thesecretary shall not utilize the power of eminent domain to carry outsuch programs unless a specific authorization and appropriation is madetherefor by the legislature.
(b) (1) In carrying out programs authorized by this section, thesecretarymay enter into agreements with federal agencies, otherstates, other state agencies, political subdivisions of this state or privatepersons for administration and management of any areaestablished under this section or utilized for conservation of nongamespecies, species in need of conservation orthreatened or endangered species.Such programs shall include, but not be limited to, the followingconservationagreements:
(A) Prelisting conservation agreement: An agreement identifying landwhere the contracting entity agrees to carry out management activities thatincrease the likelihood of species survival before a species is listed asthreatened or endangered. The intent of such agreement would be to allow thecontracting entity to carry out management activities specified in theagreement during the life of the agreement without penalties of law enforcementaction or permitting requirements if the species is listed at a later date.
(B) Safe harbor agreement: An agreement in which the contracting entityagrees to maintain or enhance suitable, but currently unoccupied, habitat for aspecies listed as in need of conservation, threatened or endangered so as toincrease utilization of the habitat by a listed species. The intent of suchagreement would be to protect the contracting entity from any restrictions onland use that might otherwise occur if a listed species immigratesinto the habitat.
(C) No take agreement: An agreement allowing the contracting entity toimplement voluntary management activities that maintain, enhance, set aside orcreate habitat for species listed as in need of conservation, threatened orendangered. The intent of such agreement would be to provide assurance thatthe management activities specified in the agreement would not lead topenalties of law enforcement action or permitting requirements if futurechanges in land use are needed.
(2) The initial term of any agreement pursuant to subsection (b)(1) shallbe five years. An agreement may be continued, with or without modification,after the five-yearterm, subject to review and determination by all parties. In the absence of amutually satisfactory determination by the parties that an agreement shouldcontinue, the agreement will terminate.
(c) The governor shall review other programs administered by the governorand utilize such programs in furtherance of the purposes of the nongame andendangered species conservation act. All state agenciesshall cooperate withthe secretary infurtherance of the conservation of nongame, threatened and endangeredspecies.
History: L. 1975, ch. 221, § 6;L. 1989, ch. 118, § 93;L. 1997, ch. 113, § 5; May 1.
